Back / lumbar spine decisions — 2005

The Board has determined that the veteran's low back strain with osteo-arthritic changes warrants a 60 percent disability rating, which is the maximum available under the old and revised criteria for intervertebral disc syndrome.

The veteran is granted a 10 percent rating for varicose veins in the left lower extremity and denied ratings higher than 10 percent for both legs. The veteran's lumbar spine disorder is rated as 10 percent disabling, but no higher. No new rating was granted for the bilateral foot disorder.

The VA denied an increased evaluation for the veteran's lower back disability, currently rated at 40 percent.

The veteran's service-connected low back syndrome with radicular irritation has not resulted in a need for an extension of his vocational rehabilitation benefits beyond the basic period due to it not precluding him from performing his previous occupation or making his current occupation unsuitable.

The veteran's claims for increased evaluations and a TDIU are being remanded due to the need for additional examinations and development of evidence.

The Board denied the veteran's claims for service connection for degenerative joint disease and degenerative disc disease of the lumbar spine, as well as his claim for multiple sclerosis (MS), finding that there was no evidence to support these conditions were incurred in or aggravated by service.

The Board denied the veteran's claim for service connection and secondary service connection of degenerative joint disease with neuropathy, status post lumbar laminectomy, as it found no evidence linking this condition to his service-connected lumbosacral strain.

The Board has determined that the veteran's low back disability warrants a 60 percent disability rating, which is higher than the current 40 percent rating. The evidence supports this increased rating as it indicates constant back pain with occasional radiation into lower extremities and an assessment of a 'rather pronounced' intervertebral disc disability.

The Board has granted a 40 percent evaluation for the veteran's lower back disability with a bulging disc at L5-S1, which is more than the initially assigned 10 percent rating.

The Board has granted service connection for arthritis of the cervical spine, but denied service connection for a chronic lumbosacral spine disability. The veteran is also awarded an initial 10% rating for his hemorrhoids.

The veteran's claims for service connection for a left foot or ankle disability and an increased rating for his low back disorder were denied. The Board found no evidence of chronic left foot or ankle injury in service, but did find that the current left peroneal nerve axonal neuropathy is not related to service. For the low back disorder, the Board noted that the veteran's current symptoms are consistent with DJD and a previous diagnosis of arthritis of the lumbar spine.

The Board has remanded the case for further development, including obtaining medical records and clarifying the veteran's lower back disability. The right shoulder disability is still rated at 20%.

The Board found that the veteran's current back condition, headaches, and acquired psychiatric disorder (depression) are not causally related to her active service.

The Board has determined that the effective date for the grant of a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 cannot be earlier than January 22, 1998.

The Board has determined that the veteran is entitled to a 40 percent evaluation for spondylolisthesis L5, S1 with osteoarthritis of lumbar spine since February 24, 2004.

The VA denied the veteran's claim for service connection of his low back injury, deciding that it was not related to his military service.

The Board has denied the veteran's claims for service connection for right knee, left ankle, stomach, and low back disabilities. The examiner found no current diagnoses or etiology that supported these claims.

The Board has remanded the case for further development, including a VA examination and review of all relevant medical records to determine if the veteran's current back disability is related to service.

The veteran's claims of service connection for diabetes mellitus secondary to sleep apnea and an increased rating for lumbosacral strain are being remanded due to the need for additional medical opinions.

The Board has reopened the veteran's claim of service connection for a low back disability and finds that it was incurred during active service. The benefit of doubt is applied in favor of the veteran.